1. Except as otherwise provided in subsections 2 and 3 and NRS 49.305:
(a) A married person cannot be examined as a witness for or against his or her spouse without his or her consent.
(b) No spouse can be examined, during the marriage or afterwards, without the consent of the other spouse, as to any communication made by one to the other during marriage.
2. The provisions of subsection 1 do not apply to a:
(a) Civil proceeding brought by or on behalf of one spouse against the other spouse;
(b) Proceeding to commit or otherwise place a spouse, the property of the spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
(c) Proceeding brought by or on behalf of a spouse to establish his or her competence;
(d) Proceeding in the juvenile court or family court pursuant to title 5 of NRS or NRS 432B.410 to 432B.590, inclusive; or
(e) Criminal proceeding in which one spouse is charged with:
(1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether the crime was committed before or during marriage.
(2) Bigamy or incest.
(3) A crime related to abandonment of a child or nonsupport of the other spouse or child.
3. The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the spouses were married.
(Added to NRS by 1971, 786; A 1977, 265; 1979, 460; 1985, 842, 1387; 1991, 458, 2177; 1993, 603; 2003, 593, 1115; 2017, 777)
Structure Nevada Revised Statutes
NRS 49.015 - Privileges recognized only as provided.
NRS 49.025 - Required reports privileged by statute.
NRS 49.027 - Prevention of disclosure of privileged matter by interpreter.
NRS 49.045 - "Client" defined.
NRS 49.055 - "Confidential" defined.
NRS 49.065 - "Lawyer" defined.
NRS 49.075 - "Representative of the client" defined.
NRS 49.085 - "Representative of the lawyer" defined.
NRS 49.095 - General rule of privilege.
NRS 49.105 - Who may claim privilege.
NRS 49.117 - "Review committee" defined.
NRS 49.119 - General rule of privilege.
NRS 49.121 - Who may claim privilege.
NRS 49.135 - "Accountant" defined.
NRS 49.145 - "Client" defined.
NRS 49.155 - "Confidential" defined.
NRS 49.165 - "Representative of the accountant" defined.
NRS 49.175 - "Representative of the client" defined.
NRS 49.185 - General rule of privilege.
NRS 49.195 - Who may claim privilege.
NRS 49.209 - General rule of privilege.
NRS 49.211 - Who may claim privilege.
NRS 49.225 - General rule of privilege.
NRS 49.235 - Who may claim privilege.
NRS 49.247 - General rule of privilege.
NRS 49.248 - Who may claim privilege.
NRS 49.2504 - General rule of privilege.
NRS 49.2506 - Who may claim privilege.
NRS 49.252 - General rule of privilege.
NRS 49.253 - Who may claim privilege.
NRS 49.2542 - "Domestic violence" defined.
NRS 49.25425 - "Human trafficking" defined.
NRS 49.2543 - "Sexual assault" defined.
NRS 49.2544 - "Victim" defined.
NRS 49.2545 - "Victim’s advocate" defined.
NRS 49.2546 - When communication deemed to be confidential; "communication" defined.
NRS 49.2547 - General rule of privilege.
NRS 49.2548 - Who may claim privilege.
NRS 49.255 - Confessor and confessant.
NRS 49.265 - Committees for review of medical or dental care.
NRS 49.285 - Public officer as witness.
NRS 49.290 - Counselor and pupil.
NRS 49.291 - Teacher and pupil.
NRS 49.293 - Law enforcement or public safety personnel and counselor.
NRS 49.295 - Married person: General rule of privilege; exceptions.
NRS 49.305 - Married person: Exception for insanity.
NRS 49.335 - Privilege to refuse disclosure of identity of informer.
NRS 49.355 - Voluntary disclosure; informer a witness.
NRS 49.365 - Testimony on guilt or innocence.
NRS 49.375 - Legality of obtaining evidence.
NRS 49.385 - Waiver of privilege by voluntary disclosure.
NRS 49.395 - Privileged matter disclosed under compulsion or without opportunity to claim privilege.
NRS 49.405 - Comment upon or inference from claim of privilege; instruction.